JOHN S. CHIROGIANIS, ET AL., PETITIONERS,
v.
BESSIE ANDERSON, RESPONDENT
McDONALD, Justice.
We accepted jurisdiction of this cause because it appeared that the district court reweighed and reevaluated the evidence and then set aside the verdict because of “contradicted” evidence. Anderson v. Chirogianis, 384 So. 2d 1289 (Fla. 5th DCA 1980). If true, there would have been conflict with Perenic v. Castelli, 353 So. 2d 1190 (Fla. 4th DCA 1977), cert. denied, 359 So. 2d 1211 (Fla. 1978), and Schmidt v. Tracey, 150 So. 2d 275 (Fla. 2d DCA 1963), cert. denied, 159 So. 2d 645 (Fla. 1964). A closer review of the record, however, discloses that the district court followed the tests authorizing a new trial enunciated in Radiant Oil Co. v. Herring, 146 Fla. 154, 200 So. 376 (Fla. 1941), as supplemented in Short v. Grossman, 245 So. 2d 217 (Fla. 1971), and Griffis v. Hill, 230 So. 2d 143 (Fla. 1969). We therefore discharge the writ.
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON and ENGLAND, JJ., concur. ALDERMAN, J., concurs in result only.
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Sunset Harbour Condo. Ass'n v. Robbins, 914 So. 2d 925 (Fla. 2005)…rule, it is not appropriate for a party to raise an issue for the first time on appeal. Dade County Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638 (Fla.1999) (a claim not raised in the trial court will not be considered on appeal); Dober v. Worrell, 401 So. 2d 1322 (Fla.1981) (appellate court will not consider issues not presented to the trial judge on appeal from final judgment on the merits). “In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griffis v. Hill, 230 So. 2d 143 (Fla. 1969)
- Radiant Oil Co. v. Herring, 146 Fla. 154 (Fla. 1941)
- Perenic v. Castelli, 353 So. 2d 1190 (Fla. 4th DCA 1977)
- Short v. Grossman, 245 So. 2d 217 (Fla. 1971)
- Gertrude S. Schmidt v. Tracey, 150 So. 2d 275 (Fla. 2d DCA 1963)
- Anderson v. Chirogianis, 384 So. 2d 1289 (Fla. 5th DCA 1980)
- Gertrude S. Schmidt v. Tracey, 159 So. 2d 645 (Fla. 1964)